Cape May Court House, NJ

May 1, 2006 6:00 pm

REGULAR MEETING

 

FLAG SALUTE 

THIS MEETING IS BEING RECORDED:

 

I hereby declare that notice has been given to the Herald Times, the Atlantic City Press and posted on the bulletin board of the Middle Township Municipal Building, stating the time and place of the following meeting, as required in P.L. 1975, Chapter 231 of the State of New Jersey. (Sunshine Law).

The Township Committee met on the above date at 6:00 PM at the Middle Township Municipal Building.  Members present were Mayor Doughty, Committeemember Leusner, Committeemember DeLanzo, Clerk/Administrator James Alexis, Deputy Clerk Kimberly Tomkinson, Attorney Pickering, and Engineer Orlando.

 

  1. RESOLUTION NO. 210-06 – PROCLAMING MAY 11TH AS DAVE COSKEY DAY IN MIDDLE TOWNSHIP – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHERAS, with more than 21 years experience in the fields of sports and entertainment, Former President Dave Coskey has been quoted as “a leader in the sports and entertainment industry,” and

WHEREAS, Dave has been instrumental in the development of Middle Townships Recreational and Educational Programs bringing extraordinary funds and donations to the program within.

WHEREAS, The Township of Middle would like to honor his dedication and devotion to the residents of Middle Township for leading the way for social, educational, cultural and recreational opportunities for our youth.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that this governing body does hereby proclaim May 11th as

“Dave Coskey Day”

 

  1. PINNING OF THE POPPY ON THE MAYOR

 

  1. PROCLAMATION AND PRESENTATION OF PLAQUE – MIDDLE TOWNSHIP HIGH SCHOOL MOCK TRIAL TEAM

 

  1. ACKNOWLEDGEMENT OF PLAQUE – USDA RURAL DEVELOPMENT – EARTH DAY – Mayor Doughty and Committeemember DeLanzo informed the public of funds received from USDA in the amount of $400,000.00 and $98,000.00 towards irrigation at the Recreational Center, etc and also $98,000.00 towards economic development and the loan pool.

 

  1. ORDINANCE NO. 1220-06 - BOND ORDINANCE AUTHORIZING THE ACQUISITION OF VARIOUS PIECES OF CAPITAL EQUIPMENT IN AND FOR THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, NEW JERSEY; APPROPRIATING THE SUM OF $1,250,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF MIDDLE, COUNTY OF CAPE MAY, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $1,187,500; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING - Following second reading, hearing, and consideration for adoption, Ordinance 1220-06 was adopted on motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

 

  1. ORDINANCE NO. 1221-06 – ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40a:4-45.14) FOR CALENDAR YEAR 2006 - Following second reading, hearing, and consideration for adoption, Ordinance 1221-06 was adopted on motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

 

  1. ORDINANCE NO. 1222-06 – AMENDING CHAPTER 250 “ZONING” OF THE CODE OF THE TOWNSHIP OF MIDDLE – Following second reading, hearing, and consideration for adoption, Ordinance 1222-06 was adopted on motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call. Complete Ordinance is on file in the Clerk’s Office.

 

  1. ORDINANCE NO. 1224-06 - AN ORDINANCE AMENDING CHAPTER 218, SUBDIVISION OF LAND AND SITE PLAN REVIEW, OF THE CODE OF THE TOWNSHIP OF MIDDLE - On motion by Mayor Doughty seconded by Committeemember DeLanzo and passed on roll call, Ordinance No 1224-06 passed first reading. Second reading, public hearing and consideration for adoption will be held on 06/05/2006 at 6:00 p.m.

 

  1. RESOLUTION NO. 211-06 – APPROVING PAYMENT FOR ALL BILLS – On motion by Committeemember Leusner seconded by Mayor Doughty and passed on roll call, the following resolution was adopted. Committeemember DeLanzo Abstained.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that payment for the following bills in the amounts indicated are hereby approved:

                       

                                    Dedicated Trust             $ 12,608.99      

                        Current Acct.                             $  2,748,003.62  

 

  1. RESOLUTION NO. 212-06 – APPROVING MINUTES FOR PREVIOUS MEETING – On motion by Committeemember DeLanzo seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the minutes from the Township Committee meeting held April 24, 2006 are hereby approved.

 

  1. REPORTS : The following offices have submitted their reports for the months indicated:  Construction Office for the month of April, Zoning Official for the month of April, Municipal Clerk for the month of April; Tax Collector for the month of April;

 

  1. RESOLUTION NO. 213-06 – APPROVE AMENDMENT APPLICATION FOR BINGO LICENSE – RIO GRANDE VOLUNTEER FIRE COMPANY – On motion by Mayor Doughty          seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, on November 7, 2005 Township Committee approved an application for a Bingo license for the Rio Grande Fire Company to be held at 1120 Rte 47 South, , and

WHEREAS, the Fire Company would like to amend said admission fees from $1.00 to $2.00 along with the fees for various bingo sheets, and

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that amended Bingo License No. 1-06 is hereby approved.

 

  1. RESOLUTION NO. 214-06 – REDUCTION OF PERFORMANCE BOND – TOMPKINS BUILDERS – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $77,442.72 is being held as a performance guarantee of Tompkins Builders for site improvements at Block 132.01, Lot 8, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $28,268.06 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $49,174.66.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the NJ Administrative Code Standardized Performance Guarantee, No. 5013649, with Bond Safeguard Insurance Co. be and is hereby

 

  1. RESOLUTION NO. 215-06 – REDUCTION OF PERFORMANCE BOND – WAL-MART STORES INC. (STORE #3337) – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $3,241,645.20 is being held as a performance guarantee of Wal-Mart Stores Inc. (Store #3337) for site improvements at Block 1435.03, Lot 17, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $2,168,372.25 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $1,073,272.95.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Performance Bond ID No. 104556954, with Travelers Casualty & Surety Company, be and is hereby reduced to $1,073,272.95.

 

  1. RESOLUTION NO. 216-06 – REDUCTION OF PERFORMANCE BOND – SEASHORE FOODS DISTRIBUTORS, INC. – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $191,739.00 is being held as a performance guarantee of Seashore Food Distributors Inc. for site improvements at Block 1434, Lot 16.04, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $28,245.00 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $163,494.00.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Tri-Party Allocation Category Agreement, with Sturdy Savings Bank, be and is hereby reduced to $163,494.00.

 

  1. RESOLUTION NO. 217-06 – REDUCTION OF PERFORMANCE BOND – FRANK CARPINO – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, $99,789.00 is being held as a performance guarantee of Frank Carpino for site improvements at Block 12.01, Lot 45, 46, and

WHEREAS, the Engineer has conducted his inspection and determined that improvements having a value of $78,136.20 have been completed, and

WHEREAS, the Zoning Official has recommended that the performance guarantee for the above stated project be reduced to $21,652.80.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Subdivision Bond, with American Manufactures Mutual Insurance Co., be and is hereby reduced to $21,652.80.

 

  1. RESOLUTION NO. 218-06 – RELEASE OF TRUST ACCOUNTS – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, certain monies held in Trust Accounts from time to time may have balances remaining after all fees have been paid, and

WHEREAS, the applicants are entitled to a refund of this money,

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that upon request of the Zoning Officer the following balances in the Trust Accounts as listed on the attached sheets shall be released.

 

  1. RESOLUTION NO. 219-06 – AUTHORIZING THE RELEASE OF FUNDS IN ESCROW – BONITA LLOYD – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, recently a housing rehab grant was discharged for Bonita Lloyd, and

WHEREAS, due to a lien on the property funds where set aside in escrow in the amount of $2,112.28, and

WHEREAS, due to discharge of mortgage, funds are hereby authorized to be released.

NOW THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Middle, County of Cape May, New Jersey, that funds set aside in escrow in the name of Bonita Lloyd are hereby authorized to be released.

 

  1. RESOLUTION NO. 220-06 – REFUND OF TAXES – On motion by Committeemember Leusner           seconded by Mayor Doughty and passed on roll call, the following resolution was adopted.

REFUND DUE TO OVER PAYMENT MADE BY MORTGAGE COMPANY

               ACCT      BLOCK            LOT             OWNER/LOCATION                               AMOUNT    ck#        

576

13.02

71

Curvan, George S

1774 Rte 9 N

1208.68

740

18

26

Nordberg, Victor K & Nancy J

171 Beach Ave

818.75

17396

163.01

159

Hopkins, John & Joan

52 Wynndemere Court

917.81

2966

163.01

239

Bankers Trust of California NA TRT

640 Dias Creek Rd

697.65

6754

442

4

Mc Keown, Matthew

21 Sunray Beach Rd

694.13

 

 

 

 

 

Refund Payable and sent to:

COUNTRYWIDE TAX SERVICE

ATTN:  TINA MENDEZ

1757 TAPO CANYON RD

SIMI VALLEY, CA 93063

BE IT RESOLVED by the Township Committee of the Township of Middle, County of Cape May, that the Chief Financial Officer be instructed to draw checks in the above noted amounts payable to the above mentioned parties, as a refund of 2006    

taxes.

BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Chief

Financial Officer of the Township of Middle.

 

  1. RESOLUTION NO. 221-06 – APPROVE CHANGE ORDER NO. 1 – FORMER WHITESBORO SCHOOL – AIR CONTROL TECHNOLOGY – On motion by Committeemember Leusner          seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey, that the attached Change Order #1 for the Former Whitesboro School in the amount of $6,634.00 by Air Control Technology be and is hereby approved.

As the Chief Financial Officer of the Township of Middle, I acknowledge the sum of $______________  has been bid for the following service or items__________________        It is further certified that sufficient funds are available from the following appropriation or ordinance to cover this contract:________________________________________.

PO#________________________________________.

________________________________________

Tracey DeVico Taverner, CFO

 

  1. RESOLUTION – AWARD OF BID – BIKE PATH PROJECT PHASE II – On motion by           seconded by                    and passed on roll call, the following resolution was adopted. - TABLED

 

  1. RESOLUTION NO. 222-06 – APPROVE VENDOR LICENSE – FUDGY WUDGY ICE CREAM – On motion by Committeemember Leusner seconded by Committeemember DeLanzo                    and passed on roll call, the following resolution was adopted.

WHEREAS, Fudgy Wudgy Ice Cream has applied for a Vendor’s License to operate an ice cream truck in Middle Township,

WHEREAS, proper applications have been made to the Township of Middle, County of Cape May, State of New Jersey and the proper fees have been paid.

THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May and State of New Jersey that the vendor applicant is hereby licensed by the Township of Middle to operate an ice cream truck in Middle Township from May 1, 2006 through December 31, 2006.

 

  1. RESOLUTION NO. 223-06 – AUTHORIZE APPLICATION OF GRANT AGREEMENT FOR NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS – 2006 SMALL CITIES CDBG PROGRAM – WHITESBORO SEWER LATERAL CONNECTIONS PROGRAM – GRANT NO. 2006-02292-3660-00 – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, the Township would like to make application with the State of New Jersey Department of Community Affairs for the 2006 Small Cities CDBG Program with regards to the Whitesboro Sewer Lateral Connections Program, and

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that the Mayor and/or Township Administrator is hereby authorized to sign the grant agreement and therefore authorizing the Chief Financial Officer to endorse corresponding payment voucher in connection with said grant once fully executed.

 

  1. RESOLUTION NO. 224-06 – AUTHORIZE APPLICATION – NEW JERSEY FY 2006 PSAP GRANT OPPORTUNITIES – On motion by Committeemember DeLanzo seconded by Mayor Doughty and passed on roll call, the following resolution was adopted. Committeemember Leusner Abstained.

BE IT RESOLVED, by the Township Committee of the Township of Middle, the governing body thereof, that authorization to apply for the NJ State FY 2006 PSAP Grant Opportunities be and is hereby approved.

FURTHER RESOLVED, that Police Lt. Christopher Leusner is named as the Contact Person and that the appropriate officials are hereby authorized to sign said documents.

 

  1. RESOLUTION NO. 225-06 – AUTHORIZE THE PLACEMENT OF FOUR BANNERS – BURDETTE TOMLIN MEMORIAL HOSPITAL –On motion by Committeemember DeLanzo          seconded by Committeemember Leusner and passed on roll call, the following resolution was adopted.

WHEREAS, due to the hospitals ongoing commitment to excellence, the University of Pennsylvania Health System has selected Burdette as a affiliate hospital and in connection therewith Burdette Tomlin Memorial Hospital has submitted a request to place four (4) banners at various locations along the premise of the hospital, and

WHEREAS, if approved the signs will be displayed at indicated locations from late April through Mid-September and be professionally installed by Sign-A-Rama.

NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Middle, County of Cape May, State of New Jersey that placement of four (4) on premise signs for promotion of said affiliation is hereby authorized as indicated below.

Location No. 1 – East Lobby entrance between two flag poles, in front of the poles. Will be hung with stakes at either end facing the Parkway. Size 4ft x 8 ft.

Location No. 2 – South Lobby entrance – to hang just below the Lighted Channel Lettering facing Stone Harbor Blvd. Size 18in x 20 ft. Will read “An Affiliate of the University of Pennsylvania Health System.”

Location No. 3 – Emergency Bay over Ambulance Canopy. Size 4ft x 8ft.

Location No. 4 – At the Moore House located on Stone Harbor Blvd. Will replace current banner at the same size of 3ft x 14 ft.

BE IT FURTHER RESOLVED, that certified copies of this resolution shall be transmitted to the Construction Office, Zoning Office and the Office of Code Enforcement for their records.

 

  1. RESOLUTION NO. 226-06 – EMERGENCY TEMPORARY BUDGET AMENDMENT – On motion by Committeemember Leusner seconded by Committeemember DeLanzo and passed on roll call, the following resolution was adopted.

WHEREAS, an emergent condition has arisen and no adequate provision has been made in the 2006 temporary appropriations for the aforesaid purpose; and NJSA 40A:4-20 provides for the creation of an emergency appropriation for the purpose above mentioned, and

WHEREAS, the total emergency temporary resolutions adopted pursuant to the provisions of Chapter 96 PL 1951 (NJSA 40A:4-20) including this resolution total  $3,132,598.40.

NOW THEREFORE BE IT RESOLVED (not less than two-thirds of all members thereof affirmatively concurring) that in accordance with NJSA 40A:4-20

  1. An emergency temporary appropriation be and the same is hereby made in the amount of  $1,042,335.00 That said emergency temporary appropriation shall be provided for in the 2006 budget under the title of: 

            Please see attached list

  1. That one certified copy of this resolution be filed with the Director of Local Government Services.

GENERAL GOV.

 

 

 

 

GENERAL ADMIN.

S&W

 

 

0

 

OE

 

 

0

HUMAN RESOURCES

S&W

 

 

3,000

 

OE

 

 

0

MAYOR & COMMITTEE

S&W

 

 

0

 

OE

 

 

0

MUNICIPAL CLERK

S&W

 

 

0

 

OE

 

 

0

CODIFICATION

OE

 

 

0

FINANCIAL ADMIN

S&W

 

 

0

 

OE

 

 

0

AUDIT SERVICES

OE

 

 

0

GRANTS ADMIN

S&W

 

 

0

 

OE

 

 

3,000

TAX ASSESS

S&W

 

 

0

 

OE

 

 

0

TAX COLLECT

S&W

 

 

0

 

OE

 

 

0

LIQ. OF T.T.L.

OE

 

 

0

LEGAL SERVICES

S&W

 

 

0

 

OE

 

 

6,000

COURT

S&W

 

 

0

 

OE

 

 

0

INTERLOCAL STONE HBR COURT

OE

 

 

0

PROSECUTOR

S&W

 

 

4,500

PUBLIC DEFENDER

S&W

 

 

2,200

ENGINEERING

S&W

 

 

0

 

OE

 

 

0

BUILDINGS

S&W

 

 

0

 

OE

 

 

0

INTERLOCAL SCHOOL (CAMERAS)

 

 

 

0

DELCO DONATION TOWN CLOCK

 

 

 

0

MATCHING FUNDS

 

 

 

0

COPS SECURE OUR SCHOOLS

 

 

 

0

LAND USE

 

 

 

 

ZONING

S&W

 

 

0

 

OE

 

 

0

PLANNING BOARD

S&W

 

 

0

 

OE

 

 

0

CODE ENFORCE

S&W

 

 

0

 

OE

 

 

0

BEACH RESTORATION

OE

 

 

3,000

 

 

 

 

 

INSURANCE

 

 

 

 

GROUP INS. 

OE

 

 

140,000

OTHER INS.  

OE

 

 

0

DENTAL

OE

 

 

0

PRESCRIPTION

OE

 

 

34,000

SURETY BOND PREMIUMS

OE